Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1991 No. 4091

Civil Aviation Regulations2 (Amendment)

I, THEGOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 5 December, 1991

BILL HAYDEN

Governor-General

By His Excellency s Command,

BOB COLLINS

Minister of State for Shipping and Aviation Support

 

1. Amendment

1.1 The Civil Aviation Regulations are amended as set out in these Regulations.

 

2. Regulation 233 (Responsibility of pilot in command before flight)

2.1 Paragraph 233 (1) (h):

Omit the paragraph, substitute:

“(h) the aeronautical maps, charts and other aeronautical information and instructions, published in AIP or by a person approved in writing, that are applicable:

(i) to the route to be flown; and

(ii) to any alternative route that may be flown on that flight;

are carried in the aircraft and are readily accessible to the flight crew.”.

2.2 After subregulation 233 (1), insert:

“(1a) An approval under paragraph (1) (h) may be given subject to such conditions as are specified in the instrument of approval.” .

3. New regulation 235a

After regulation 235, insert:

Minimum runway width

“235a. (1) In order to ensure the safety of air navigation, the Authority may issue instructions specifying the minimum runway width applicable to an aeroplane or a type of aeroplane.

“(2) An aeroplane must not land at, or take-off from, a runway if the minimum width of the runway is less than the minimum runway width specified for that aeroplane or the type in which the aeroplane is included.

Penalty: $5,000.

“(3) An instruction issued under subregulation (1) does not have effect in relation to a person until it has been:

(a) served on the person; or

(b) published in ATP.

“(4) The Authority may, by instrument in writing, exempt an aeroplane or aeroplanes of a specified type, model or series from compliance with an instruction issued under subregulation (1).

 

“(5) An exemption may be subject to such conditions, if any, as the Authority specifies in the instrument as being necessary in the interests of safety.

“(6) Before the Authority decides to:

(a) exempt an aeroplane or a type, model or series of aeroplane from compliance with an instruction; or

(b) make an exemption subject to conditions;

the Authority must take into account any relevant considerations relating to the interests of safety.

“(7) An aeroplane to which an exemption applies must not land at or take-off from a runway in contravention of a condition referred to in subregulation (6).

Penalty: $5,000.

“(8) In this regulation, ‘type of aeroplane’ means a group of aeroplanes in respect of which a single type certificate is in force.”

[examples:

1. Learjet Models 31 and 31A aeroplanes

2. Boeing 747 series 100 and series 200B aeroplanes.]”

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 December 1991.

2. Statutory Rules 1988 No 158 as amended by 1988 Nos 209, 373 and 376; 1989 Nos 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332, and 466; 1991 Nos 54, 147, 157, 247, 287 and 382